DRAFT CSC, Title 12.  Crimes and Punishment
 
CHAPTER 7
Offenses Against Government

4001.  Definitions.
4002.  Bribery.
4003.  Threats to influence official matters.
4004.  Retaliation for past official action.
4005.  Improper compensation.
4006.  Acts affecting personal financial interest.
4007.  Possession or removal of government property.
4008.  Misconduct in public office.

      4001.  Definitions.

     (1)  "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested;

     (2)  "Government" means any branch, department, office, division, board, commission, committee, or authority of the State of Chuuk or any municipality or locality within it.

     (3)  "Harm" means loss, disadvantage or injury or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested.

Source:  CSL 6-66, 701.

      4002.  Bribery.
     Every person who shall unlawfully and voluntarily offer or receive any benefit as consideration to influence an official act to be done or not done, shall be guilty of bribery, and upon conviction thereof, shall be imprisoned for a period of not more than three years, and fined three times the value of the benefit offered or received, or both.  If the value of the benefit cannot be determined in dollars, the fine shall be not more than $5,000.00.

Source:  CSL 6-66, 702.

      4003.  Threats to influence official matters.
     Every person who threatens unlawful harm to any person employed by the government with purpose to influence him in the exercise of his official duties, shall be guilty of threats to influence official matters, and upon conviction thereof shall be imprisoned for not more than three years or fined not more than $5,000.00, or both.

Source:  CSL 6-66, 703.

      4004.  Retaliation for past official action.
     Every person who harms another by any unlawful act in retaliation for anything lawfully done by the latter in his capacity as public servant, shall be guilty of retaliation for past official action, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 704.

      4005.  Improper compensation.
     Every person employed by the government who solicits, accepts, or agrees to accept compensation for advice or other assistance in preparing or promoting a bill, contracts, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise, shall be guilty of improper compensation, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 705.

      4006.  Acts affecting personal financial interest.
     Every person who in his official capacity participates personally and substantially in any matter in which, to his knowledge, he, his spouse or children, close relative, partner, organization in which he is serving as officer, director, trustee, partner, or employee, has a financial interest shall be guilty of engaging in acts affecting personal financial interest, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both.

Source:  CSL 6-66, 706.

      4007.  Possession or removal of government property.
     It shall be unlawful for any person, knowing he does not have proper authority, to have in his possession or remove from its location any property of any kind, wherever situated, in which the State Government, its political subdivisions or municipal governments, has any legal, equitable, or possessory interest.  Any person convicted of a violation of this Section shall be fined not more than $100.00, or imprisoned not more than six months, or both.

Source:  CSL 6-66, 707.

      4008.  Misconduct in public office.
     Every person who, being a public official, shall do any illegal acts under the color of office, or willingly neglect to perform the duties of his office as provided by law, shall be guilty of misconduct in public office, and upon conviction thereof shall be imprisoned for a period of not more than one year, or fined not more than $1,000.00, or both

Source:  CSL 6-66, 708.